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HomeMy WebLinkAbout2006-087 Fi• RESOLUTION 2006-087 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF A PORTION OF 14TH STREET LYING BETWEEN 16TH AVENUE AND 20TH AVENUE,RESERVING A DRAINAGE EASEMENT OVER THE SOUTH HALF OF THE RIGHT-OF-WAY, SAID LAND LYING IN INDIAN RIVER COUNTY, FLORIDA WHEREAS,on March 14,2006,Indian River County received a duly executed and documented petition from Kimley-Horn & Associates, Inc., on behalf of Indian River County School District, requesting that the County close, vacate, abandon, discontinue, renounce and disclaim any right, title and interest of the County and the public in and to a portion of 14th Street lying between 16th Avenue and 201h Avenue Indian River County,Florida, said lands now lying and being in Indian River County, Florida; and WHEREAS,in accordance with Florida Statutes 336.10,notice of a public hearing to consider said petition was duly published; and " WHEREAS, after consideration of the petition, supporting documents, staff investigation and report, and testimony of all those interested and present,the board finds that the subject right-of-way is not a state or federal highway,nor located within any municipality, nor is said right-of-way necessary for continuity of the County's street and thoroughfare network,nor access to any given private property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. All right,title and interest of the County and the public in and to that certain right-of-way more particularly described as follows: THE NORTH 35 FEET OF THE FOLLOWING DESCRIBED PARCEL: -, THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER(SW 1/4 OF NE 1/4) OF SECTION 11, TOWNSHIP 33 SOUTH, RANGE 39 EAST, LESS AND EXCEPT THE FOLLOWING PORTIONS THEREOF: (1) THE EAST 50 FEET THEREOF, (2) THE WEST 80 FEET THEREOF, AND (3) THE NORTH 40 FEET OF THE SOUTH 70 FEET; TOGETHER WITH: THE SOUTH 35 FEET OF THE FOLLOWING DESCRIBED PARCEL: THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER(NW 1/4 OF NE 1/4) OF SECTION 11, TOWNSHIP 33 SOUTH, RANGE 39 EAST, LESS AND EXCEPT THE FOLLOWING PORTIONS THEREOF: (1) THE EAST 50 FEET THEREOF, AND 1784522 THIS DOCUMENT HAS BEEN RECORDED THE WEST 80 FEET THEREOF. IN THE PUBLIC RECORDS OF (2) INDIAN RIVER COUNTY FL BK: 2080 PG:228, Pagel of 7 09/19/2006 at 09:26 AM, JEFFREY K BARTON,CLERK OF COURT FACommunity Development\Users\CurDev\RESOLUTION\2006 Resolutions\IRCSB ROW 2006-version 2.rtf 1 _ _ r RESOLUTION 2006- 087 is hereby forever closed, abandoned, and vacated, except that a drainage easement is expressly reserved over the south half of the right-of-way. (see Exhibit "A", attached) 2. The closing, vacation, abandonment, of this public right-of:way is in the best interests of the public. 3. Notice of the adopting of Ahis resolution shall be forthwith published once within thirty(30) days from the date of adoption hereof, and 4. The Clerk is hereby directed to record this resolution together with the proofs of publication required by Florida Statutes 336.10 in the Official Record Books of Indian River County without undue delay. 5. The right-of-way shall revert evenly to the adjacent property on either side of the rights-of-way. The foregoing resolution was offered by Commissioner Davi s whomoved j its adoption. The motion was seconded by Commissioner Lowther ,anduponbeingput to a vote, the vote was as follows: Chairman Arthur R. Neuberger Ahcpnt Vice Chairman Gary C. Wheeler Aye Commissioner Sandra L. Bowden Aye Commissioner Wesley S. Davis Aye Commissioner Thomas S. Lowther Aye The Chairman thereupon declared the resolution duly passed and adopted this 13th day of June , 2006. T ATTEST Jeffrey K B.......w BOARD OF COUNTY COMMISSIONERS �=e� County,of Indian River INDIAN RIVER QOUNTY, FLORIDA BY -Gary Wheeler, Vice Chairman -� *.- DeputyCler Boar of County Commissioners I HEREBYtFRTIFY that`jn this'day,before me, and officer duly authorized in this State and County to take ackno 'lt edn�nts personally appeared Gary C. Wheeler ,andMada I MZ as Vice Chairman of the Board of County Commissioners and Deputy Clerk,respectively,to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 13thday of June , A.D., 2006. FACommunity Development\Users\CurDev\RESOLUTION\2006 ResolutionsURM ROW 2006-version 2.rtf 2 RESOLUTION 2006-087 Q�.GvyLl� Notary Publi Kimberly E.Massung MYCOMMISSION# DD216503 EXPIRES APPROVED AS TO LEGAL SUFFICIENCY ��y 15,200 ''.�,,pF �� BONDED THRU TROY FAIN INSURANCE,INC. BY: William G. Collins, County Attorney APPROVED A TO PLANNING MATTERS BY: Roe M. Keating, AICP, Di ctor Community Development Division ,I FACommunity Development\Users\CurDev\RESOLUTION\2006 Resolutions\IRCSB ROW 2006-version 2.rtf 3 f SKETCH OF DESCRIPTION! PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER r SECTION 11, TOWNSHIP SS SOUTH. RANGE Sa EAST INDIAN RIVER COUNTY.FLORIDA VERO BEACH HIGH SCHOOLO//1�/'� w�/'p FOUND 4"x4"CONCRETE MONUMENT Il/�/-// WA I I O WITH CAP STAMPED pp "CARTER ASSOC. LB 2115" BE ABAINDOiIVE T.B.M. - 1/2"0 REBAR& CAP SET 4"x4`.CONCRETE MONUMENT FOUND 4'x4"CONCRETE STAMPED "TRAV. PT. L 205` 0 WITH CPP STAMPED NORTH LINE OF THE MONUMENT WITH CAP T.B.M. - P-K NAIL &TIN TAB EL. 21,27 "CARTER ASSOC. LB 205" SOUTHWEST 7/4 OF THE STAMPED "CARTER NO IDENTIFICATION - EL. 19.60' N it97700.3 E 84B70N 11 e 63 SECTION 11- p//��I �c/'0, ASSOC. LB 205" N 1197617.3 q. �N�7�I�/ W VV E 849933,3 'TREFT 5 892707 E 1325.81' 35' RIGHTth S OF--WAY FOUND 1"0 IRON PIPTREET E 1 F / -' 1' DEEP, NO IDENTIFICATION— I a - a oIM9S o SET 4"x4"CONCRETE MONUME v WITH CAP STAMPED - � `CARTER ASSOC. LB 205" 0 1197568.8 849099.3 DETAIL 'A' (NOT TO SCALE) '"" ' CARTER ASSOCIATES, INC. SIOT1'CH Alm DESr�TroN SGIOOL DISTRICT OF EOIAN RIYEiI COUNTY �o.Ma ".m. wurx er. IIN.K. Serv(np Florida SHEET tttllO BEAM ELE MTARY HHCIIOOL wPD•B^ azo CONSULTING ENGINEERS AND LAND SURVEYORS VERO BEACH IMMUM RY SCHOOL am.W Ia A 1708 21st STREET, VERO BEACH, FL 32960 Since LBII 3 OF 3 MOM RMIR COUNTY FI.OIUDA 4i.c _xr xa.z rAX: 772 -4191 -562-7180 081101111OCOUNY,FLORmA DETAIL "A* [NOT TO SCAM a � ; w�ea►no� t �V41- � RtG�T- -WAY T4 � 14M MW marr,�u nlra BE BANflONEI} oar eaac RLKnm�. *ori r.. 11 en11c1�>E t1 6'NL 111y' !OML FO"Vo4'�NCMLTE 1gMu xr '[Rrff:'rssoc� Le a- 1T- it ( ssarx c1x1f m ._. 1r rra"J" v _-iJIRtFR LF 849M5 g 7xa' FJ�6T UNE BL=m Y fAOPamCEkfl.Gp{E]Vf � tt� -... � _ `� � i`+I Q�RPE WUT Na.1 14th MWE f I t fo"14 RON ME� 3 tt• fl � _..-,.� .k.�- �.----m.. �.. � . �,�_ /� t �Rp7X1NAlrtA 1WL WIH N6 ! _., _ . �� Qr 1�alilrolMK7 t 1•d®.No-laatfFtrat�ml ...,,,�..,. , FUUM W&WO ��{; ry �CF 110Eu1WM15lA 1 a.9W OF IK cCiwN 1i• JVl1 i F7 JJ• �c 1� {{��. ffFUrIOM TM's l0l1�1@ 33'XWfN NMMa:39 FJBf �� T9J1. P�tff1 IP�/tl—'J7--]O�dOiNk-tpAST-tM100#9 - SCRIPPS TREASURE COAST "°TItE,oF - ' gBANDONMENTy . NEWSPAPERS Notice .S hereby given that.ResoluUdn 2006 087,. was;: adopfed b`y th.e . Vero Beach Press Journal Board of County Com mis`sioners of'Indian.: 1801 U.S. 1, Vero Beach, FL 32960 Riser county Fldrid°a, ,Closing uac'atmg arid- AFFIDAVIT OF .PUBLICATION 14aStelf betweenlol6 h; SCRIPPS HOWARD Avenue'and2oth Av,e`:: a' SCRIPPS abo"""ve referenced�res•o - lufi'on, and reservi,rig;. certain rights to th'e County TATE OF FLORIDA : OIJNTY OF INDIAN RIVER Indian River County afore the undersigned authority personally appeared,S.Darlene Broeg who on oath says that she is Classified Inside Sales Board of County anager of the Verp Beach Press Journal,a daily newspaper published at Vero Beach in Indian River County,Florida:that the Commis`sibners tached co of a vertisement was ublshed in the Vero Beach Press Journal in the following issues below. Affiant further says Bye s Arthur.. copy d p g y Neuberger-Chairman at the said Vero Beach Press Journal is a newspaper published in Vero Beach in said Indian River County,Florida,and that x i" aid newspaper has heretofore been continuously published in said Indian River County,Florida,daily and distributed in Indian Publ]sh July 3 2006 iver County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement;and fiant further says that she has neither paid or promised any person,firm or corporation any discount,rebate,commission or 1425441". fund for the purpose of securing this advertisement for publication in the said newspaper.The Vero Beach Press Journal has ,an entered as Periodical Matter at the Post Offices in Vero Beach,Indian River County,Florida and has been for a period of ie year next preceding the first p,}tblication of the attached copy of advertisement. Ad Pub :ustomer Number Date Copyline Po# PLANNING DEPARTMENT 1425441 7/3/2006 PUBLIC NOTICE RESOLUTION 06087 Subscribed and sworn to me before this date: July 03, 2006 No Pu lic L-?#I MARY T. YRNE Notary Public•State of F.1ofida Cam*slon Expires Aug,?,P 10 4 3 GamftW d DD 527 L Bonded By NaftW Notary Assn. SCRIPPS TREASURE COAST NEWSPAPERSUBLDIC HEARING Vero Beach Press Journal N°t.cedf heanng tol coh`- sider;e petition for the" 1801 U.S. 1, Vero Beach, FL 32960 closet¢ abendgnmenti andtvacation ofree seg,... AFFIDAVIT OF PUBLICATION ment;ofu,4th street lymg''tietween3�i6th Ave SCRIPPS HOWARD Beach H gh ScfoolVarid ,20th'Avenue retarnmg y. and `dramage�arid wtihty,' easertient,over the,en-, 'TATE OF FLORIDA fire"r'ight of;way seg;': ment ;OLINTY OF INDIAN RIVER 'efore the undersigned authority personally appeared,S.Darlene Broeg who on oath says that she is.Classified Inside Sales k,public heanng atrwhtch Aana er of the Vero Beach Press Journal,a daily newspaper ublished at Vero Beach in Indian River County,Florida:that the �°`" t ' g yp ty, parties,m,m;erect and' ittached copy of advertisement was publshed in the Vero Beach Press Journal in the following issues below. Affiant further says *citizens shallfha"1 ari,„ hat the said Vero Beach Press Journal is a newspaper published in Vero Beach in said Indian River County,Florida,and that opportunrtyjjjtoY4be heard said newspaper has heretofore been continuously published in said Indian River County,Florida,daily and distributed in Indian w i I IQ lies h e ld+�by th e �Board,,of Courit Com Liver County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement;and 1?m i si a rs of'xl',, nWW affiant further says that she has neither paid or promised any person,firm or corporation any discount,rebate,commission or t r r x efund for the purpose of securing this advertisement for publication in the said newspaper.The Vero Beach Press Journal has �Rrver County AFlonda m} P P 9 P , the County,Commission ;- ,een entered'as Periodical Matter at the Post Offices in Vero Beach,Indian River-County,Florida and,has been for a period of Chambers of the County ,ne year next preceding the first publication of the attached copy of advertisement. AdmihistratforixaBuddmg ilocate;d�"at�7840�25tfi' *`Jun x13^M,2006 at,`1900MAW �.` Anyone whoAm ,wish to appeal any decision F 4,. Ad Pubwhictimaybe+made at . . :ustomer Number Date Cop line PO# this meeting willtneed Copyline ensure,,vthatxa?zverba.,,.. tim'recordk of�the.�pro k. ceedmgs�smadg which PLANNING DEPARTMENT 1400466 5/24/2006 NOTICE OF HEARING 6/13/06-14TH STREET includes.the testimony ;. andl,evidenceupon which;4heTappeal will b*6 IDIACDUNTY ;1. BDARDLOF,�CDUNTY r ., CDMMISSIDNERS,`' ABY s'ArthurR�,;,�� Neutieiger Charman Pub May 24 2006; Subscribed and sworn to me before this date: September 08, 2006 A i Notary Pu iic MARY T. BYRNE PUB ra ��; Notary Public-State.of Flo ' moo,My Commission Expires Aug 2,20 Commission#DD 544327 �OF FVBonded By National Notary Assn.